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Wednesday, 24.04.2024, 12:33
Solidarity Tax Law - not in line with Latvian Constitution
According to the Constitutional Court, Section 6 of the Solidarity Tax Law,
which lays down the solidarity tax rates, goes against Article 91 of the
Constitution, which states that "All human beings in Latvia shall be equal
before the law and the courts. Human rights shall be realized without
discrimination of any kind." Therefore the contested section of the
Solidarity Tax Law will become invalid as of January 1, 2019. By that time, the
government will have to find an alternative solution so as not to affect state
budget revenues.
The Constitutional Court's ruling says that the solidarity tax is a new
kind of tax, which means that it cannot be defined as social insurance
contributions. The Constitutional Court believes that the solidarity tax had
been endorsed in a correct manner, in accordance with Saeima Rules of Procedure
and in consultation with social partners and experts. Therefore there are no
grounds to believe that the Social Tax Law had been rushed through parliament,
as the claimants contesting the solidarity tax had said.
In theory, any tax may be considered a solidarity tax - that is, residents
make tax payments to the best of their ability, in order to ensure solidarity
in society and contribute to their fellow citizens' welfare.
The Constitutional Court's ruling cannot be appealed.
Section 6 of the Solidarity Tax Law stipulates that the solidarity tax rate
conforms to the rate of mandatory contributions laid down in accordance with
Section 18 of the Law on State Social Insurance.
Section 18 of the Law on State Social Insurance describes mandatory and
voluntary contribution rates. Specifically, if an employee has been insured for
all types of social insurance, the mandatory contribution rate is 34.09 percent
from which an employer pays 23.59 percent and an employee 10.50 percent. It
also stipulates that the Cabinet determines the mandatory contribution rate for
persons subject to mandatory social insurance and the distribution thereof
according to the types of social insurance. The voluntary contribution rate is
the rate stipulated by the Cabinet for pension insurance, disability insurance,
maternity and sickness insurance, and parents' insurance.
As reported, the Constitutional Court opened the case after receiving 37
private individuals' claims that said the solidarity tax was unconstitutional.
The tax on high salaries, or the so-called solidarity tax, came into effect
on January 1. The solidarity tax is levied on the part of highly-paid
employees' salaries exceeding the ceiling for mandatory social security
contributions.